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Press Release - Proposed Amendments to District of Minnesota Local Rules

Press Release - Proposed Amendments to District of Minnesota Local Rules



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Published by Chris Sullivan
Press Release - Proposed Amendments to District of Minnesota Local Rules - July 17, 2009
Press Release - Proposed Amendments to District of Minnesota Local Rules - July 17, 2009

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Published by: Chris Sullivan on Jul 27, 2009
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District of Minnesota
Richard D. Sletten, ClerkWendy S. Osterberg, Chief Deputy Clerk
Warren E. Burger FederalBuilding and U.S. Courthouse316 North Robert StreetSuite 100St. Paul, MN 55101(651) 848-1100U.S. Courthouse300 South Fourth StreetSuite 202Minneapolis, MN 55415(612) 664-5000Gerald W. Heaney Federal Buildingand U.S. Courthouse and Customhouse515 West First StreetSuite 417Duluth, MN 55802(218) 529-3500U.S. Courthouse118 South Mill StreetSuite 212Fergus Falls, MN 56537(218) 739-5758
Date: July 17, 2009Contact: Richard Sletten, Clerk of Court(612) 664-5026PROPOSED AMENDMENTS TO LOCAL RULES
The United States District Court for the District of Minnesota is issuing for public commentproposed amendments to the Court’s Local Rules (LR). Below is a brief summary of theproposed amendments. To read the proposed amendments in full, visit the Court’s website atwww.mnd.uscourts.gov, or contact the Office of the Clerk of Court in St. Paul, Minneapolis,Duluth, or Fergus Falls.
Rules for Civil Cases
Civil Motion Practice — LR 7.1
A number of changes, some of them significant, are proposed for LR 7.1. In particular,under the proposed amended rule:
Parties are instructed to secure hearing dates before filing motions of any kind.
Motions to exclude expert testimony and post-judgment motions are treated asdispositive motions.
Reply briefs are generally not permitted in connection with nondispositive motions.With respect to dispositive motions, parties are clearly instructed that a reply brief must not raise new issues or go beyond the issues raised in the response brief towhich it replies.
A single word limit applies whether a party files a single summary-judgment motionor several such motions at the same time. Requests to enlarge word limits must bemade in writing — and permission must be obtained — before filing an overlongbrief.
Parties do not need to attach unpublished opinions to briefs if those opinions areavailable on Lexis or Westlaw.
The amended rule also includes additional clarifying language about how to calculate certaindeadlines and about the Court’s ECF procedures.
Other Rules and Forms
An amendment is proposed with respect to
LR 15.1
, which governs motions to amend.Under the amended rule, parties must file with a motion to amend both (1) the proposedamended pleading and (2) a redlined version of that pleading, showing how it differs fromthe original pleading.An amendment is proposed with respect to
Form 3
, the prescribed form for Rule 26(f)reports in non-patent cases. The amendment would require parties to indicate whether theyagree to proceed under the Court’s Rules of Procedure for Expedited Trials. Those rules areavailable on the Court’s website atwww.mnd.uscourts.gov/expedited_trials.shtml.Minor amendments are proposed to two local rules relating to Social Security cases (
LR 7.2
LR 9.1
). A minor amendment is proposed to
LR 37.1
, which governs motions aboutdiscovery disputes.
Rules for Criminal Cases
Sentencing — LR 83.10
The Court proposes to revise Local Rule 83.10 substantially. The proposed revisions weresuggested to the Court’s Federal Practice Committee by members of the United StatesAttorney’s Office, the Federal Defender’s Office, and the United States Probation Office.Under the proposed rule as revised:
The Probation Office will prepare two presentence reports, one designated“preliminary” and one designated “final.” The rule encourages the government toprovide the Probation Office with materials necessary for the preliminary presentencereport.
Parties who object to the preliminary presentence report must provide the ProbationOffice with detailed written objections within 14 days of the report’s disclosure. TheProbation Office will then prepare the final presentence report, together with anaddendum discussing the objections that were made to the preliminary report.
Parties must file their position papers with respect to sentencing within 14 days of thefinal presentence report’s disclosure. All issues a party wishes to raise in connectionwith sentencing, whether the issues relate to the Sentencing Guidelines or to factorsunder 18 U.S.C. § 3553(a), must be addressed in the position paper.
Parties who seek an evidentiary hearing must request the hearing when they file theirposition papers, and they must provide witness and exhibit lists 5 days before thehearing.
Parties are permitted to file replies to the other side’s position paper. Such repliesmust be filed no later than 5 business days before the sentencing hearing.

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